Skip to content
Payzium.
ENFR

Payzium position document, informed by internal AI legal research (vault: sources/us-legal-review-responses-AI-DRAFT-2026-07-04.md), NOT counsel-cleared; published and adopted under founder authority per project instructions posture of 2026-07-05; instrument binds only upon founder execution.

Version 1.0, effective date on execution, owner Payzium Corp.

Terms of Service - United States

Issuer: Payzium Corp, a Delaware corporation ("Payzium," "we," "us," "our").

PLEASE READ THESE TERMS CAREFULLY. THEY GOVERN YOUR USE OF THE PAYZIUM WEBSITE, YOUR APPLICATION FOR A MERCHANT PROCESSING RELATIONSHIP THROUGH PAYZIUM, AND THE PAYZIUM WRITTEN PROGRAMS REFERENCED IN SECTION 5. THEY LIMIT OUR LIABILITY (SECTION 8) AND REQUIRE INDIVIDUAL ARBITRATION OF DISPUTES AND WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION (SECTION 11).

1. Payzium's role

1.1 What Payzium is and is not

Payzium is an independent sales organization, sales agent, and referral agent for the payment processor and its sponsoring member bank identified in your merchant application and merchant processing agreement (together, the "Processor"). Payzium markets card-processing services, collects your application and current processing statement, reviews and prepares your application, and refers approved applications to the Processor for underwriting and boarding.

Payzium is not:

  • the acquirer of record;
  • a payment processor;
  • a bank or a member bank;
  • a money transmitter;
  • an escrow agent or settlement intermediary;
  • an issuer of merchant accounts;
  • an underwriter of merchant accounts.

Payzium does not receive, hold, control, or transmit merchant settlement funds, customer transaction funds, reserves, or refunds. Payzium does not intermediate settlement between the Processor and the Merchant.

1.2 Compensation

Payzium is compensated by the Processor from the Processor's revenue on the boarded merchant account, on terms set out in Payzium's agreement with the Processor. Payzium does not charge a separate fee to the Merchant for the application, the pricing tools, or the review of the Merchant's current processing statement.

2. Merchant processing is governed by the Processor's documents

The merchant processing services provided to the Merchant, including transaction processing, fees and pricing applied to processing, chargebacks, settlement timing, reserves, holds, term, renewal, and cancellation of the merchant account, are governed by the merchant processing agreement between the Merchant and the Processor. That agreement is a separate contract between the Merchant and the Processor. Nothing in these Terms modifies the merchant processing agreement or the Processor's rights and obligations under it. If there is any inconsistency between these Terms and the merchant processing agreement on a matter covered by the merchant processing agreement, the merchant processing agreement controls for that matter.

3. Website use

3.1 Acceptance and scope

These Terms form a binding contract between you and Payzium. They cover your access to and use of payzium.com, the pages that link to these Terms, the application and boarding-referral flow operated by Payzium, and the pricing tools and comparison tools published by Payzium (together, the "Services"). By using the Services, you accept these Terms. If you are accepting on behalf of a business, you represent that you have authority to bind that business.

The Services are intended for businesses and the individuals acting on their behalf in a professional capacity.

3.2 Eligibility

You may use the Services only if all of the following are true:

  • you are at least 18 years old;
  • you have authority to act on behalf of the business on whose behalf you use the Services;
  • your use of the Services and your business activities comply with applicable law;
  • you are not located in, or ordinarily resident in, a country subject to comprehensive United States trade sanctions and you are not on any restricted-party list maintained by the United States government;
  • you have not been previously suspended or removed from the Services by Payzium.

3.3 Accuracy of information

The information you provide to Payzium must be accurate, current, and complete, and you must keep it up to date. Submitting falsified, altered, or unauthorized documents is a material breach of these Terms.

3.4 Account credentials

If Payzium offers accounts and you create one, you are responsible for maintaining the confidentiality of your credentials and for all activity under your account. Notify us promptly of any unauthorized use.

4. Application submission, e-signature, and document transmission

4.1 What you provide

To apply for merchant processing through Payzium, you provide contact and identity information, business information, your most recent processing statements, and boarding documents that may include a government-issued photo identification (front and back), a voided check or equivalent banking detail, and articles of incorporation or equivalent constituting documents. Additional identity or personal-guarantee information may be required by the Processor and is handled under the application-stage consent set referenced in Section 5.

4.2 What you authorize Payzium to do

By applying and by confirming the authorizations in the application, you authorize Payzium to:

  • receive, store, and analyze the information and documents above, including through automated and AI-assisted processing, to review and prepare your application and to provide and support the Services;
  • transmit your application, ownership information, identification documents, banking documents, tax information, signatures, authorizations, and supporting materials to the Processor and to Payzium's e-signature provider and other service providers as reasonably necessary to evaluate, underwrite, board, service, support, or administer the merchant processing account and the Payzium programs;
  • contact you by email, telephone, or other means you have provided, to process your application, ask reasonable follow-up questions, board and service the account, and administer the Payzium programs.

4.3 Electronic signatures and electronic records

You agree that your electronic signature and electronic records may be used and accepted with the same legal effect as a handwritten signature or paper record, consistent with the federal Electronic Signatures in Global and National Commerce Act (ESIGN Act) and applicable state Uniform Electronic Transactions Acts (UETA). The consent to receive and sign records electronically is captured through the Electronic Signature and Electronic Records Consent in the application-stage consent set referenced in Section 5.

4.4 Withdrawal of authorization

You may withdraw the authorizations in Section 4.2 at any time by emailing privacy@payzium.com, except to the extent the authorization is necessary to operate a merchant account you have asked Payzium to arrange or to comply with law. Withdrawal does not affect anything Payzium has lawfully done before receiving your withdrawal.

5. Payzium programs, guarantees, and "no cancellation fee"

5.1 Written programs

Payzium's published programs, including the Payzium Honest Rate Promise (United States) and the Payzium Savings Guarantee (United States) (marketed as "Pay less or it's free"), are subject to their written program terms. Each program's binding terms, including what it covers, what it excludes, the remedy, and how to claim it, are stated only in that program's signed instrument. Those instruments control themselves. In case of any inconsistency between these Terms and a program instrument, the program instrument controls for that program. To invoke a program, email support@payzium.com and follow the process described in the applicable instrument.

The program instruments' liability provisions are not limited by the liability cap in Section 8 of these Terms.

5.2 "No cancellation fee"

Payzium's "no cancellation fee" commitment means the following, and only the following:

Payzium waives its own early termination fee on Payzium-boarded merchant processing accounts. In other words, Payzium does not charge a fee to a Merchant for closing the account with the Processor before the end of the merchant processing agreement term.

Payzium's "no cancellation fee" commitment does not:

  • eliminate the merchant processing agreement's term or the obligations imposed by that agreement;
  • eliminate any equipment obligation, hardware term, lease term, or hardware-return requirement;
  • eliminate any unpaid balance, unpaid processing fees, chargeback exposure, or reserve requirement owed to the Processor;
  • eliminate any early-termination fee, unwind fee, buy-out obligation, or amount owed by the Merchant to any other party under any other agreement;
  • eliminate any card-network fees, taxes, fines, or other amounts owed by the Merchant.

Payzium does not use, and merchants should not rely on, the phrase "no contract" to describe Payzium's program. A merchant processing agreement exists between the Merchant and the Processor; it has a term.

6. Pricing tools and comparison tools

Informational only. Payzium's published rate card, calculator, and comparison tools are provided for general information based on the data you enter and industry information available to Payzium. They do not constitute an offer of final pricing; your final pricing is confirmed when the Processor approves your application.

Accuracy limits. Estimated savings and effective-rate figures depend on the accuracy and completeness of the information you provide and on industry data that updates over time. Actual savings depend on factors outside Payzium's control, including your transaction mix, average ticket, and card-network costs. The only express commitments Payzium makes regarding savings and fees are those in the written programs referenced in Section 5, on the terms of their signed instruments.

Use license. Subject to these Terms, Payzium grants you a non-exclusive, non-transferable, non-sublicensable license to use the published pricing tools and any written estimate Payzium provides solely for your business's internal purposes. You may not republish, redistribute, white-label, resell, or use them to develop a competing service.

7. Disclaimers

THE SERVICES, THE PRICING TOOLS, AND ALL CONTENT MADE AVAILABLE THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PAYZIUM AND ITS LICENSORS, AFFILIATES, AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR TRADE USAGE.

WITHOUT LIMITING THE FOREGOING, PAYZIUM DOES NOT WARRANT THAT (A) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, (B) THE PRICING TOOLS WILL IDENTIFY ALL POTENTIAL SAVINGS OR INEFFICIENCIES, (C) ANY ESTIMATE OF SAVINGS OR EFFECTIVE RATE WILL MATCH ACTUAL EXPERIENCE, OR (D) THE PROCESSOR WILL APPROVE YOUR APPLICATION OR DELIVER THE SERVICE QUALITY YOU EXPECT. THE ONLY EXPRESS COMMITMENTS PAYZIUM MAKES REGARDING SAVINGS AND FEES ARE THE WRITTEN PROGRAMS REFERENCED IN SECTION 5, ON THE TERMS OF THEIR SIGNED INSTRUMENTS.

8. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PAYZIUM, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITY, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF PAYZIUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

PAYZIUM'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE TOTAL OF PAYZIUM'S OWN MARGIN AND PAYZIUM-ORIGINATED FEES THAT YOU ACTUALLY PAID TO PAYZIUM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, EXPRESSLY EXCLUDING INTERCHANGE, CARD-NETWORK ASSESSMENTS, AND ANY OTHER AMOUNTS PASSED THROUGH AT COST, WHICH ARE NOT PAYZIUM'S REVENUE, OR (B) ONE HUNDRED UNITED STATES DOLLARS (US$100). WHERE PAYZIUM IS LIABLE UNDER A WRITTEN PROGRAM INSTRUMENT REFERENCED IN SECTION 5, THAT PAYMENT IS PAYABLE IN ADDITION TO THIS CAP.

9. Indemnification

By you. You agree to defend, indemnify, and hold harmless Payzium, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, damages, liabilities, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to:

  • your breach of these Terms;
  • your violation of any law or third-party right, including any agreement you have with your current processor;
  • any content or information you submit to Payzium;
  • any allegation that your authorization in Section 4 was not validly given by a person with authority to give it.

By Payzium. Payzium will defend you against any third-party claim alleging that the Payzium-developed pricing tools and content, as provided by Payzium and used by you in compliance with these Terms, infringe that third party's United States copyright or trademark, and will pay damages and costs finally awarded against you for such claim, provided you promptly notify Payzium, allow Payzium sole control of the defense and settlement, and provide reasonable cooperation. The foregoing does not apply to claims arising from (i) your modification of the tools or content, (ii) your use of the tools or content in combination with any product or service not provided by Payzium, or (iii) content you submit.

These provisions state Payzium's sole obligations and your sole remedy with respect to third-party intellectual-property claims relating to the Services.

10. Intellectual property and acceptable use

10.1 Payzium intellectual property

As between you and Payzium, Payzium and its licensors own all right, title, and interest in and to the Services, the published pricing tools and content, the Payzium analytical methods and benchmarks, the website, the Payzium name and logo, and all related intellectual property. No license is granted to you except as expressly stated in these Terms.

10.2 Your content

You retain ownership of the documents and other content you submit to Payzium ("Your Content"). You grant Payzium a worldwide, royalty-free, non-exclusive license to use, copy, store, modify, create derivative works of, and disclose Your Content as necessary to provide the Services to you, to operate and improve the Services, and to comply with law. The right to disclose Your Content to the Processor is limited as described in Section 4.

10.3 Aggregate and de-identified data

Payzium may create aggregate, statistical, or de-identified data from the information you submit, where the data does not identify you or any individual, and may use such data for any lawful business purpose.

10.4 Feedback

If you provide Payzium with feedback or suggestions about the Services, you grant Payzium a perpetual, irrevocable, worldwide, royalty-free license to use the feedback for any purpose without obligation to you.

10.5 Acceptable use

You agree not to, and not to permit others to:

  • submit information or documents you do not have the legal right to share with Payzium;
  • submit falsified, fabricated, or altered documents, or documents relating to a business you are not authorized to represent;
  • apply, or take any action, with the primary intent of triggering or attempting to trigger a payment under a Payzium program referenced in Section 5 without a genuine intention to process with Payzium;
  • use any robot, scraper, or other automated means to access the Services other than through publicly documented APIs offered by Payzium;
  • reverse-engineer, decompile, disassemble, or attempt to derive the source code, models, or algorithms used by the Services;
  • use the Services to develop, train, or improve a competing product or service;
  • probe, scan, or test the vulnerability of the Services, or breach or circumvent any security or authentication measure;
  • use the Services to transmit material that is unlawful, infringing, defamatory, or contains malicious code;
  • misrepresent your identity or affiliation with any person or organization;
  • use the Services in a manner that interferes with the experience of other users or imposes an unreasonable load on Payzium's infrastructure;
  • engage in any activity that violates applicable law, including payment-card-industry rules, telemarketing rules, anti-spam law, anti-money-laundering law, sanctions law, and consumer-protection law.

11. Governing law and dispute resolution

11.1 Governing law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-laws principles, and excluding the United Nations Convention on Contracts for the International Sale of Goods.

11.2 Mandatory individual arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Services (a "Dispute") will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, except that either party may bring an individual claim in small-claims court. The arbitration will be conducted in English. The seat of arbitration is Wilmington, Delaware, and the arbitration may be conducted by video conference. Judgment on the award may be entered in any court of competent jurisdiction.

11.3 Class action waiver

EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE PROCEEDING. IF THIS CLASS-ACTION WAIVER IS HELD UNENFORCEABLE, THEN THE ENTIRE ARBITRATION PROVISION IN THIS SECTION 11 WILL BE NULL AND VOID, AND ANY DISPUTE WILL INSTEAD BE LITIGATED IN THE COURTS DESCRIBED IN SECTION 11.4.

11.4 Carve-outs and court jurisdiction

Either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual-property rights, confidential information, or to enforce the class-action waiver. The exclusive jurisdiction for any such proceeding, and for any Dispute not subject to arbitration, is the state and federal courts located in Wilmington, Delaware, and the parties consent to personal jurisdiction in those courts.

11.5 Processor and member-bank carve-out

Disputes about the underlying merchant processing services provided by the Processor, including disputes about interchange, card-network fees, settlement timing, chargebacks, holds, reserves, or Processor-side underwriting, are governed by the merchant processing agreement between the Merchant and the Processor. Nothing in this Section 11 modifies that agreement or purports to arbitrate a dispute that is by its terms governed by that agreement.

11.6 Opt-out

You may opt out of the arbitration agreement and class-action waiver in this Section 11 by sending written notice to legal@payzium.com within thirty (30) days of first accepting these Terms. The notice must include your business name, your name, and a clear statement that you wish to opt out. Opting out of arbitration does not affect any other part of these Terms.

12. Term, changes, and general provisions

12.1 Term and termination

These Terms apply from the time you first use the Services and continue for as long as you use them. You may stop using the Services at any time. Closing an active merchant account is governed by the merchant processing agreement between the Merchant and the Processor. Payzium may suspend or terminate your access to the Services at any time, with or without notice and with or without cause, including if Payzium reasonably believes you have breached these Terms or used the Services in a manner that exposes Payzium or other users to risk.

Sections that by their nature should survive termination, including Sections 5, 6, 7, 8, 9, 10, 11, and 12, will survive.

12.2 Changes to these Terms

Payzium may update these Terms from time to time. When we do, we will revise the version and effective date at the top. If the changes are material, we will provide additional notice (for example, by email to active users, by a banner on the Services, or as required by applicable law) before the changes take effect. Your continued use of the Services after the effective date of a revised version constitutes acceptance of the revised Terms.

12.3 General

Entire agreement. These Terms, together with the Privacy Policy and any signed program instrument that expressly references and supplements these Terms, constitute the entire agreement between you and Payzium regarding the Services and supersede all prior or contemporaneous communications and proposals on the subject.

Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions remain in full force and effect, and the invalid or unenforceable provision will be modified to the minimum extent necessary to make it valid and enforceable while preserving its intent.

No waiver. A failure to enforce a provision is not a waiver of the right to do so later.

Assignment. You may not assign these Terms without Payzium's prior written consent. Payzium may assign these Terms in connection with a merger, acquisition, financing, reorganization, sale of assets, or by operation of law.

No third-party beneficiaries. Except as expressly stated, these Terms do not create any third-party beneficiary rights. The Processor is an intended third-party beneficiary of Sections 4, 10.5, 7, 8, and 9 only.

Force majeure. Neither party is liable for delay or failure to perform caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil disturbance, labor disputes, internet or telecommunications outages, governmental action, or pandemic.

Independent contractors. The parties are independent contractors. These Terms do not create any agency, partnership, joint venture, or employment relationship.

Notices. Payzium may give notice by email to the address you provided, by a notice on the Services, or by mail to your business address. Notices to Payzium must be sent to the address in Section 13 with a copy to legal@payzium.com.

Headings. Section headings are for convenience only and do not affect the interpretation of these Terms.

13. Contact

Payzium Corp

Attention: Legal

4498 Main St Ste 4 #5450

Amherst NY 14226

United States

Email: legal@payzium.com

14. Versioning

This is version 1.0 of the Payzium Terms of Service (United States), effective on execution. Prior versions, if any, are superseded on the effective date of a later version.